Town Board Meeting

THE ERWIN BOARD OF COMMISSIONERS FEBRUARY 2024 REGULAR MEETING THURSDAY, FEBRUARY 1, 2024 @ 7:00 P.M. ERWIN MUNICIPAL BUILDING BOARDROOM AGENDA 1. MEETING CALLED TO ORDER A. Invocation B. Pledge of Allegiance 2. AGENDA ADJUSTMENTS /APPROVAL OF AGENDA 3. CONSENT All items on Consent Agendas are considered routine, to be enacted on one motion without discussion. If a Board member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered under New Business. A. Regular Meeting on January 4, 2024 (Page 2) B. 2023-2024 Street Resurfacing Recommendations (Page 9) C. BOA-2024-04 (Page 11) D. NC DOT ROW Contract (Page 12) E. Surplus Vehicles (Page 21) F. Bayles Street Extension (Page 22) G. No Overdue Taxes Form (Page 27) H. Updated Job Classification and Grade Schedule (Page 28) 4. PUBLIC HEARING A. SU-2024-001 (Page 30) B. Accessory Building Text Amendment (Page 53) 5. PUBLIC COMMENT Each speaker is asked to limit comments to 3 minutes, and the requested total comment period will be 15 minutes or less. Citizens should sign up prior to the start of the meeting. Please provide the clerk with copies of any handouts you have for the Board. Although the Board is interested in hearing your concerns, speakers should not expect Board action or deliberation on the subject matter brought up during the Public Comment segment. Thank you for your consideration of the Town Board, staff, and other speakers. §160A-81.1 6. MANAGER’S REPORT 7. ATTORNEY’S REPORT 8. GOVERNING BODY COMMENTS 9. ADJOURNMENT **IN ACCORDANCE WITH ADA REGULATIONS, PLEASE NOTE THAT ANYONE WHO NEEDS AN ACCOMMODATION TO PARTICIPATE IN THE MEETING SHOULD NOTIFY THE TOWN CLERK AT (910) 591-4202 AT LEAST 48 HOURS PRIOR TO THE MEETING.**  ERWIN BOARD OF COMMISSIONERS REGULAR MINUTES JANUARY 4, 2024 ERWIN, NORTH CAROLINA The Board of Commissioners for the Town of Erwin with Mayor Baker presiding held its Regular Meeting in the Erwin Municipal Building Board Room on Thursday, January 4, 2024, at 7:00 P.M. in Erwin, North Carolina. Board Members present were Mayor Randy Baker and Commissioners Timothy Marbell, Charles Byrd, William Turnage, David Nelson, and Alvester McKoy. Board Member absent was Mayor Pro Tem Ricky Blackmon. Town Manager Snow Bowden, Town Clerk Lauren Evans, Town Attorney Tim Morris, Finance Director Linda Williams, Finance Officer Katelan Blount, Town Planner Dylan Eure, Code Enforcement Officer Chris Jones, and Police Chief Jonathan Johnson were present. Mayor Baker called the meeting to order at 7:00 PM. Commissioner McKoy gave the invocation. Commissioner Marbell led the Pledge of Allegiance. AGENDA ADJUSTMENT/APPROVAL OF AGENDA Commissioner Byrd made a motion to approve the agenda as presented and was seconded by Commissioner Turnage. The Board voted unanimously. CONSENT Commissioner Turnage made a motion to approve (ITEM A) Minutes of Regular Meeting on December 7, 2023, and was seconded by Commissioner McKoy. The Board voted unanimously. PRESENTATION OF FISCAL YEAR 2022-2023 AUDIT R. Bryon Scott, CPA came forward and presented the Fiscal Year 2022-2023 Audit for the Town of Erwin. A copy of the Fiscal Year 2022-2023 Audit Presentation is attached to these minutes. Commissioner Byrd made a motion to accept the audit report as submitted and was seconded by Commissioner Turnage. The Board voted unanimously. 2 MINUTES CONTINUED FROM JANUARY 4, 2024 PRESENTATION OF JANUARY CITIZEN OF THE MONTH Homer Joseph Ennis Jr of Chicora Road was recognized as the January 2024 Citizen of the Month. Mayor Baker presented him with a Proclamation Plaque. The Proclamation is part of these minutes as an attachment. PRESENTATION OF EMPLOYEE OF THE QUARTER Finance Director Linda Williams was awarded the Quarter 4 2023 Employee of the Quarter Award for the Town of Erwin. Mayor Baker presented her with a Plaque. RECESSED Commissioner Turnage made a motion to recess at 7:25 PM for a reception and was seconded by Commissioner Nelson. Motion Unanimously Approved. RECONVENED Commissioner Nelson made a motion to go back into regular session at 7:38 PM and was seconded by Commissioner Turnage. Motion Unanimously Approved. PUBLIC HEARING ZT-2023-006 Commissioner Turnage made a motion to open the Public Hearing and was seconded by Commissioner Byrd. The Board voted unanimously. Town Manager Snow Bowden informed the Board that the applicant was unable to attend the meeting due to an emergency at work but wishes to proceed with the request. Mayor Baker stated the rezoning request was a legislative decision and the Board could hear the request without representation from the applicant. Staff was present to present the application. There was no objection from the Board and the hearing proceeded. Town Planner Dylan Eure came forward and addressed the Board. He stated that the Town of Erwin received a request to rezone a piece of property located at 261 Suggs Road Dunn, NC. Said parcel was currently zoned under Industrial and the request was to move it to its neighboring land use type of being under the Rural District. The owner of the parcel was Eldridge and Franklin Investments of Clayton North Carolina, who had intentions to sell said parcel for the development of a single-family home. The Harnett County Tax PIN for the parcel was 1507-28-9258.000. The overall size of the property was 1.9 acres totaling approximately 53,500 Sq Feet with the closest accessible road being Suggs Road which was off of Red Hill Church Road. Its current zoning classification was M-1 Industrial but had been used for single-family homes in the past. According to Harnett County GIS, the parcel was approximately .6 of a mile away from Erwin’s corporate limits and was in the municipality’s planning jurisdiction. According to GIS said parcel was not within a flood zone, wetland, or watershed location. He stated it was important to 3 MINUTES CONTINUED FROM JANUARY 4, 2024 note that this parcel would require a septic and a well approved by Harnett County prior to the home being built. Commissioner Byrd inquired whether the septic had already been tested. Mr. Eure stated that he did not believe it had been tested at that time. He went and looked at the parcel and it looked as though septic and well had been there previously but when pulling deeds and maps for the property, he could not find any proof of that. Commissioner Marbell confirmed that there was a home on the property in the past. Mr. Eure stated that was correct. Mayor Baker reminded the Board that a rezoning request can be used for any permitted use in the zoning district. Mayor Baker asked if anyone was present to speak in favor of the request. No one came forward. Mayor Baker asked if anyone was present to speak against the request. No one came forward. Commissioner McKoy made a motion to close the Public Hearing and was seconded by Commissioner Turnage. The Board voted unanimously. Commissioner Byrd made a motion in the affirmative, seconded by Commissioner Nelson, and unanimously approved by the Board that the impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. • Reasoning: A single-family dwelling used to be on the property and is surrounded by an existing neighborhood. Commissioner Nelson made a motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that the requested zoning district is compatible with the existing Land Use Plan. • Reasoning: According to Erwin’s current Land Use Plan done in 2023 the property is assigned to be labeled Industrial. However, all other parcels in use in the area are zoned for residential uses. Mayor Baker made a motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that the proposal does enhance or maintain the public health, safety, and general welfare. • Reasoning: The proposed zoning change would allow for the parcel to provide additional housing for the municipality. Commissioner Byrd made a motion in the affirmative, seconded by Commissioner Nelson, and unanimously approved by the Board that the request is for a small-scale rezoning and should be evaluated for reasonableness. • Reasoning: This rezoning request includes a single parcel that was occupied by a single-family home before demolition. 4 MINUTES CONTINUED FROM JANUARY 4, 2024 Commissioner Byrd made a motion in the affirmative, seconded by Commissioner Nelson, and unanimously approved by the Board that there is a convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an individual or small group. • Reasoning: Rezoning is for a single parcel to be considered residential so a single-family home may be built on the parcel. Commissioner Nelson made a motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that there is a convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) • Reasoning: The rezoning would only classify a single parcel to be residential like the other parcels in the surrounding area. Commissioner Byrd made a motion in the affirmative, seconded by Commissioner Nelson, and unanimously approved by the Board that there is a convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. • Reasoning: The area affected is already zoned under RD and have single-family homes on the lots. Commissioner Nelson made a motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that the proposed change is in accord with the Land Development Plan and sound planning principles. • Reasoning: Even though the parcel is labeled in the 2023 Land Use Plan to be Industrial all of the surrounding parcels being used are for Residential uses. Commissioner Byrd made a motion that the requested rezoning to RD is compatible with all of the Town of Erwin’s regulatory documents and would not only have a positive impact on the surrounding community but would enhance the public health, safety, and general welfare as stated in the evaluation. It is recommended that this rezoning request be Approved and was seconded by Commissioner Nelson. The Board voted unanimously Commissioner Byrd made a motion to recommend the approval of Ordinance For Map Amendment Case # ZT-2023-006 Amendment To The Official Zoning Map To Rezone From Industrial (M-1) To Rural District (RD) Per Zoning Ordinance Article XXIII For Harnett County PIN 1507-28-9258.000 ORD 2023-2024: 004 and was seconded by Commissioner Nelson. The Board voted unanimously. School Safety Zone Commissioner Byrd made a motion to open the Public Hearing and was seconded by Commissioner Nelson. The Board voted unanimously. Town Manager Snow Bowden stated we have received complaints about speeding around Erwin Elementary School. Out of concern for the safety of children walking and riding their bikes to school. After some research, the Town Board has the authority to establish a School Safety Zone on a Town 5 MINUTES CONTINUED FROM JANUARY 4, 2024 maintained street by the adoption of an Ordinance. Signs would be posted on East D Street and South 10th Street, parallel to the school zone signs on Denim Drive. We are looking at funds for sidewalks but this School Safety Zone would be a step in the right direction. Mayor Baker asked if anyone was present to speak in favor of the request. No one came forward. Mayor Baker asked if anyone was present to speak against the request. No one came forward. Commissioner McKoy made a motion to close the Public Hearing and was seconded by Commissioner Byrd. The Board voted unanimously. Mayor Baker stated the School Safety Zone Ordinance was much needed. He asked if Town Staff planned to paint the road. Town Manager Snow Bowden stated that signs are required by the Ordinance but painting the roads would not hurt. Commissioner Byrd stated it was well overdue. Commissioner Byrd made a motion to approve the Ordinance Establishing a School Safety Zone on East D Street and South 10th Street Pursuant to N.C.G.S. 20-141.1 and was seconded by Commissioner McKoy. The Board voted unanimously. Town Manager Snow Bowden stated that he planned to discuss the speeding issue and placing new signage of 25 MPH on all roads at our Budget Workshop. PUBLIC COMMENT No one was present to speak. MANAGER’S REPORT Town Manager Snow Bowden informed the Board: • At our January workshop meeting we will have a lot to discuss: o 480k grant for park expansion and related equipment. o 500K stormwater management plan grant- this should help us with a plan for stormwater throughout the Town. This was one of the biggest complaints that we have gotten. We were waiting on a letter from the State so we could put out an RFQ to hire a firm to help us with this plan. o 500k grant for economic development. o Discussion of hiring an engineer to assist with the water line installation on St. Matthew’s Road with the grant we received from the State of NC. o We should be discussing an updated MOU from Harnett County regarding our SRO program. 6 MINUTES CONTINUED FROM JANUARY 4, 2024 • He thanked Mark Walton and Lynn Lambert with the Harnett County Soil and Water Division. Mark helped us apply for a planning grant that should help with the CCAP grant that we were expecting to receive for the Porter Park Stream restoration project. • He planned to pass out budget forms to all of our department heads the following Monday for them to submit with their budget request by mid-February for the upcoming Fiscal Year. • Our COG Mid-Carolina reached out to him right before Christmas and set up a meeting with the NC League of Municipalities. We should be getting another grant to help with engineering services. He suggested using those funds for an ADA transition plan. The grant should be around $50,000.00. • We were working on getting quotes for the Community Building work. • We were going to get back to work on getting quotes to update our Town Code and a HWY 421 Corridor overlay district to go in line with our updated Land Use Plan. • He was still waiting to hear back from FAMPO about a meeting to discuss a potential MOU for us to join this organization and leave the Mid-Carolina RPO. • Early voting for the 2024 election will be taking place at the Al Woodall Park gym again this year. He would let the Board know more information as soon as he knew it. • We were still working on West K Street. Public Works recently put up a better barricade to hopefully keep people out. • Ample Storage had submitted plans to Harnett County to tear down the old White House Restaurant. He knew it was long overdue, but he was hopeful to have that site cleaned up soon. ATTORNEY’S REPORT Town Attorney Tim Morris thanked the Board for allowing him to be their Town Attorney. GOVERNING COMMENTS Commissioner McKoy wished everyone a Happy New Year. Commissioner Marbell wished everyone a Happy New Year. Commissioner Byrd thanked citizens for taking the time to be at our meetings. The recognition given out was so well deserved. He thanked Finance Director Linda Williams for all that she does. He thanked our Police Chief and was amazed by all of our Town Staff. Commissioner Nelson stated he was proud of the citizens of Erwin, the Fire Department, Police Department for the wonderful job done with Shop with a First Responder. He was thankful for Town Staff. He wished everyone a Happy New Year. Commissioner Turnage stated he had South Erwin on his mind and we needed to do something about the Getting Place. As far as the grass, it looked the best it ever looked. He was looking for a good year for Erwin and wanted to make people proud of our Town. Mayor Baker echoed the comments of his fellow Board Members. He thanked Commissioner McKoy for the invocation he gave at the beginning of the meeting. He really took it to heart. He wished everyone a 7 MINUTES CONTINUED FROM JANUARY 4, 2024 Happy, Healthy, and Safe New Year. He was looking forward to good things and as Commissioner McKoy prayed, we are in God’s will. We have outstanding staff. He congratulated Finance Director Linda Williams for her award of Employee of the Quarter and Lieutenant Joey Ennis for his award as Citizen of the Month. Giving those awards was the highlight of what he did as Mayor, to give recognition to our Staff and our Citizens and he was thankful for that honor. ADJOURNMENT Commissioner Byrd made a motion to adjourn at 8:02 P.M. and was seconded by Commissioner Turnage. The Board voted unanimously. MINUTES RECORDED AND TYPED BY LAUREN EVANS TOWN CLERK ATTEST: ____________________________ _______________________________ Randy Baker Lauren Evans, NCCMC Mayor Town Clerk 8  TOWN OF ERWIN Post Office Box 459 Erwin, NC 28339 (910) 897-5140 M-E-M-O-R-A-N-D-U-M DATE: January 9, 2024 TO: Mayor and Town Board of Commissioners FROM: Bill Dreitzler, P.E., Town Engineer RE: 2023-2024 Powell Bill Street Re-surfacing Priority Recommendations Snow, After review of our street resurfacing locations over the last few years, review of the 2023 Pavement Condition Survey, and our continued field condition evaluation, please consider the following recommendations: 1. N 16th Street (W N Street to Cul-de-Sac - Approx. 1,000 LF) Estimated Cost: $45,000 2. N 11th Street (E L Street to E H Street – Approx. 1,800 LF) Estimated Cost: $63,000 3. Duke Street (Approx. 900 LF) Estimated Cost: $31,500 The 2023 Street Pavement Condition Report assigned a Pavement Condition Index (PCI) to each section of the Town’s Street system. The street condition is considered very poor with a PCI in the range of 0-26 and considered poor with a PCI in the range of 25-65. The streets recommended above for resurfacing had some of the lower PCI ratings. N 16th had a PCI that ranged from 20.1 to 50.2 with the cul-de-sac section the poorest. N 11th Street had a PCI that ranged from 50 to 51.8. Duke Street had a PCI of 48.7. The opinion of cost is based on an evaluation of the re-surfacing cost over the last few years. Based on the opinion of cost above, the estimate for resurfacing is $139,500 plus any additional cost for patching and pothole repairs. 9 W N Street rated very poorly; however, with the pending Townhome project that will be accessed from the south end of N 16th Street staff is recommending that resurfacing of W N be delayed until after construction of the Townhome project to avoid damage from the construction traffic. In addition, staff is recommending that the section of N 16th Street from W N Street to the south end of N 16th Street be delayed for the same reasoning. Staff will re-evaluate street conditions based on the PCI values in the 2023 Report when making recommendations for resurfacing in the next budget year. However, based on my assessments for this year’s recommendations, I would offer the following as high priority when we reach the FY 2024-2025 budget: 1. E H Street 2. Don Ron Road 3. W N Street Please advise if you have any questions or comments and if you have any additional streets you would like evaluated prior to finalizing these recommendations. Sincerely, Bill Dreitzler, P.E. Town Engineer 10  BUDGET ORDINANCE AMENDMENT BOA 2024 – 04 FISCAL YEAR 2023-2024 BE IT ORDAINED by the Governing Board of the Town of Erwin, North Carolina that the following amendments are made to the annual budget ordinance for the fiscal year ending June 30, 2024. Section 1. This Budget Ordinance Amendment seeks to Increase Revenues and Increase Expenditures by $75,000.00. This amendment is to account for increase in department expenditures. Section 2. To amend the General Fund: The revenues are to be changed as follows: Account Description Current Approp. Increase/Decrease Amended Appropriation 10-3290-000 Interest Earned $25,000 (+) $75,000 $100,000 Section 3. To amend the General Fund: The Expenditures are to be changed as follows: Account Description Current Approp. Increase/Decrease Amended Appropriation 10-4100-180 Municipal Election $8,000 (+) $ 923 $ 8,923 10-4100-570 Miscellaneous $5,000 (+) $ 2,500 $ 7,500 10-4201-540 Insurance & Bonds $85,500 (+) $ 2,000 $87,500 10-4201-570 Miscellaneous Expense $ 0 (+) $ 2,000 $ 2,000 10-4201-040 Professional Services $15,760 (+) $10,000 $25,760 10-5450-740 Capital Outlay –Equip. $35,000 (+) $ 5,127 $40,127 10-5600-740 Capital Outlay $35,000 (+) $ 5,127 $40,127 10-5800-740 Capital Outlay $85,000 (+) $ 6,354 $91,354 10-5800-160 Maintenance and Repair $16,500 (+) $20,000 $36,500 10-6200-740 Capital Outlay $48,358 (+) $ 4,702 $53,060 10-6200-170 Maint. And Repair Auto $ 1,000 (+) $ 1,000 $ 2,000 10-5900-450 Contracted Services $46,200 (+) $15,267 $61,467 Section 4. Copies of this budget amendment shall be furnished to the Clerk, the Governing Board, the Budget Officer and the Finance Director for their direction. Adopted this 1st day of February 2024. ATTEST: ____________________________ ____________________________ Randy L. Baker, Mayor Lauren Evans, Town Clerk 11 12 13 14 15 16 17 18 19 20  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: February 1, 2024 Subject: Surplus Vehicles The Town of Erwin has the following surplus vehicles. I am requesting permission to list the following vehicles for sale on GOV Deals. Erwin Public Works Department • 2007 Street Sweeper- VIN #JALE5B16077904226 Mileage 14,265 • John Deere 1435 Diesel 72” Mower- Serial #CH3010D103098 Model 3010D003 • 2012 International Cab and Chassis Durastar- VIN #3HAJTSKN6CL091617 Mileage 85,856 21  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: February 1, 2024 Subject: Bayles Street Extension Close Town Staff would like to request that the Erwin Board of Commissioners adopt a resolution to withdraw a portion of an undeveloped section of Bayles Street. Pursuant to NCGS 136-96 e (2). This section of the road was never developed and extends to the parcel that the Wal-Mart is located on currently. As we all know the Wal-Mart is in the City of Dunn corporate limits. There would never be a need to develop this section of the undeveloped road. On May 3, 2023 there was a subdivision recorded that subdivided the two existing parcels at 608 and 610 Wondertown Drive. Before this subdivision was recorded there were some potential ingress/egress concerns Town Staff had. Town Staff wishes to close this easement and return the portion of the land to each property owner so it will be considered private property. Once it returns to private property we believe that we can better monitor the area. Any problem traffic we get from Wal-Mart would be considered trespassing since they would be on private property. Attachments: • NCGS 136-96 • Harnett County GIS image • Proposed resolution • More to come later 22 23 24  Harnett GIS NOT FOR LEGAL USE Close easement Harnett County GIS ² County Boundary RoadCenterlines City Limits Parcels Address Numbers GIS/E-911 Addressing 0 40 80 160 November 16, 2023 25 Feet  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 Ricky W. Blackmon www.erwin-nc.org Commissioners Alvester L. McKoy TOWN OF ERWIN RESOLUTION Timothy D. Marbell DECLARING INTENT TO CLOSE Charles L. Byrd David L. Nelson UNDEVELOPED SECTION OF BAYLES STREET William R. Turnage 2023-2024—002 WHEREAS, the Erwin Town Board is authorized by G.S. 160A-299 to permanently close unopened municipal street rights-of-way with its jurisdiction, if it is determined that said street closure is not found to be contrary to the public interest and will not deprive any property owner in the vicinity of the street closure reasonable means of ingress and egress to his/her property; and, WHEREAS, a request has been made of the Erwin Town Board to consider permanently closing the undeveloped section of Bayles Street, that extends from to the parcel that the Wal-Mart is located on currently. NOW THEREFORE BE IT RESOLVED, that it is the intent of the Erwin Town Board to permanently close undeveloped section of Bayles Street as previously described, and it hereby establishes a public hearing to be held on March 7, 2024 at 7:00 p.m. in the Erwin Municipal Building Board Room; and, BE IT FURTHER RESOLVED, that the purpose of the public hearing will be to determine if undeveloped section of Bayles Street being requested for permanent closure would be detrimental to the public interest, or to the property rights of any individual. DULY ADOPTED, this the 1st day of February, 2024. _____________________________ Randy Baker Mayor ATTEST: ______________________________ Lauren Evans Town Clerk 26  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 Ricky W. Blackmon www.erwin-nc.org Commissioners Alvester L. McKoy Timothy D. Marbell 02/01/2024 Charles L. Byrd David L. Nelson William R. Turnage To: Office of State Budget and Management, Director and Chief Fiscal Officer Certification: We certify that the Town of Erwin does not have any overdue tax debts, as defined by N.C.G.S. 105-243.1, at the federal, State, or local level. Sworn Statement: Randy L. Baker and MacDonald S. Bowden Jr. being duly sworn, say that we are the Mayor and Town Manager, respectively, of the Town of Erwin in the State of North Carolina; and that the foregoing certification is true, accurate, and complete to the best of our knowledge and was made and subscribed by us. We also acknowledge and understand that any misuse of State funds will be reported to the appropriate authorities for further action. __________________________________________________ Randy L. Baker, Mayor ___________________________________________________ MacDonald S. Bowden Jr., Town Manager Sworn to and subscribed before me on the day of the date of said certification. __________________________ My Commission Expires: __________ (Notary Signature and Seal) 27  Town of Erwin Job Classification and Grade 2023-2024 AMENDED 1/4/2023 Departments Number of Positions Grade Administration Town Manager 1 31 Finance Director 1 21 Town Clerk/Human Resources Director 1 18 Finance Officer/Deputy Clerk 1 15 Planning Town Planner 1 19 Code Enforcement Officer 1 17 Police Police Chief 1 25 Lieutenant 1 19 Investigator/Community Officer 2 18 Patrol Sergeant 2 17 Senior Patrol Officer 2 15 Patrol Officer 6 14 School Resource Officer 2 14 Part-Time Patrol Officers 6 Records Clerk 1 12 Cadet 2 28 Public Works (Administration, Streets Sanitation, Storm Water Public Works Director 1 23 Mechanic/Crew Leader 1 12 Maintenance Worker 1 7 Heavy Equipment Operator (Sanitation) 1 12 Heavy Equipment Operator (Street) 1 12 Part-time Varies Parks and Recreation Parks & Recreation Director 1 21 Athletic Program Director 1 15 Park Maintenance Specialist 1 10 Part-time Varies 29 Public Hearing Item 4A TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org Ricky W. Blackmon Commissioners Alvester L. McKoy 2/1/2024 Timothy D. Marbell Charles L. Byrd David L. Nelson SU-2024-001 William R. Turnage Memorandum Rezoning Description The Town of Erwin has received a special land use application for Harnett County Tax Pin 0597-77-7438. Coastal Plains Company LLC has submitted a special land use application to construct 2 multi-family apartments totaling 64 units to be built. The group is requesting to have a variance issued to have 1.5 parking spaces per unit instead of the 2.5 spaces required by Erwin’s Code of Ordinances. Property Description This parcel of land is 6.68 acres in total area with no existing developments on the property under both B-2 and R-6 zoning. Although the total acreage of the parcel is 6.68, the developer only intends to disturb 5.70 for the multi-family project that is zoned under R-6. There is a public sewer easement going through the Southwest corner of the parcel, however, according to the developers submitted plans that area is intended to remain undeveloped. The intended use for the multi-family dwelling is to provide income controlled units for tenants. Findings of Fact As stated above the parcel does have both B-2 and R-6 zoning, however, the developer is not developing the area of the parcel that is zoned under B-2 zoning which neighbors East Jackson Blvd. Along East Jackson Blvd all zoning is under B-2 regulation. The other surrounding zoning regulations are all R-6 classifications that abut the property with R-15 to the North. Triton High School is also near this property along with the Educational Development Center. The applicant is also requesting for a parking requirement variance that would allow for more natural areas, walking paths, green space, and larger playgrounds according to the developer. This request would allow for 1.5 parking spaces for every unit, instead of 2.5 per the Town of Erwin’s Parking Ordinances. Regards, Dylan Eure Town Planner 30 31 32 33 34 35 36 37 38 39 40 41 42 43  SPECIAL USE REQUEST STAFF REPORT Case: SU-2024-001 Dylan Eure, Town Planner deure@erwin-nc.org Phone: (910) 591-4201 Fax: (910) 897-5543 Public Hearing Date: Thursday, February 1st, 2024 Request for special permitted use to construct 2 multi-family apartment buildings with a total of 64 units to be placed at the corner of Maynard Lake Rd and East Jackson Blvd at HC tax Pin 0597-77-7438.000 located in Erwin, NC. Applicant Information Owner of Record: Applicant: Name: Coastal Plains Company, LLC Name: Wade Duggins Address: 2939 Breezewood Ave Address: 2939 Breezewood Ave City/State/Zip: Fayetteville, NC 28303 City/State/Zip: Fayetteville, NC 28303 Property Description Address of Property: Maynard Lake Rd Erwin, NC Harnett County Tax PIN: 0597-77-7438.000 Acres: 6.68 Zoning District: R-6, B-2 Vicinity Map • See Attached Document Physical Characteristics Site Description: This parcel of land is 6.68 acres in total area with no existing developments on the property under both B-2 and R-6 zoning. Although the total acreage of the parcel is 6.68, the developer only intends to disturb 5.70 for the multi-family project that is zoned under R-6. There is a public sewer easement going through the Southwest corner of the parcel, however, according to the developers submitted plans that area is intended to remain undeveloped. The intended use for the multi-family dwelling is to provide income controlled units for tenants. Surrounding Land Uses: As stated above the parcel does have both B-2 and R-6 zoning, however, the developer is not developing the area of the parcel that is zoned under B-2 zoning which neighbors East Jackson Blvd. Along East Jackson Blvd all zoning is under B-2 regulation. The other surrounding zoning regulations are all R-6 classifications 44 that abut the property with R-15 to the North. Triton High School is also near this property along with the Educational Development Center. Modifications The applicant is also requesting for a parking requirement variance that would allow for more natural areas, walking paths, green space, and larger playgrounds according to the developer. This request would allow for 1.5 parking spaces for every unit, instead of 2.5 per the Town of Erwin’s Parking Ordinances. Services Available • Electricity (Duke Energy) • Harnett Regional Water and Sewer Zoning District Compatibility Special Use R-6 Multi-Family Dwellings X Staff Evaluation Staff Evaluation X Yes No The use requested is listed among the special uses in the district for which the application is made. • Reasoning:. Multi-family developments require a special use permit. X Yes No The requested use is essential or desirable to the public convenience or welfare. • Reasoning: Approving would increase the amount of affordable housing units in Erwin’s jurisdiction. X Yes No The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. • Reasoning:. This tract of land is surrounded by primarily residential land uses. X Yes No The requested use will be in conformity with the Land Development Plan. • Reasoning: According to Erwin’s 2023 Land Use Plan this portion of land is in agreeance with residential uses. X Yes No Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided. • Reasoning: Site includes storm water drainage allocation. Along with Harnett Regional Water having both sewer and water accessible for the development. X Yes No That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. 45 • Reasoning: The applicant would need to obtain a North Carolina Department of Transportation (NCDOT) drive-way permit. X Yes No That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Board of Commissioners. • Reasoning: Everything is in agreeance with Erwin’s Zoning Ordinances at its current state upon submittal. However, the applicant wishes to have a variance approved altering his requirement for parking. Said variance would allow for 1.5 parking spaces for every unit instead of the required 2.5 per Town Parking Ordinance. Attachments: • SU-2024-001 Application • SU-2024-001 Staff Memo • SU-2024-001 Site Plan • SU-2024-001 Harnett County GIS Image with Zoning • SU-2024-001 Harnett County GIS Image with no Zoning • SU-2024-001 property owners lables • SU-2024-001 Letters 46  Harnett GIS NOT FOR LEGAL USE Harnett County GIS ² County Boundary County Water Mains RoadCenterlines City Limits 2-5 MajorRoads Address Numbers 6 - 36 US GIS/E-911 Addressing 0 80 160 320 Gravity Parcels December 18, 2023 47 Feet  Harnett GIS NOT FOR LEGAL USE Harnett County GIS ² County Boundary Service Laterals Easements Zoning Districts City Limits Gravity Ingress Egress B2 Address Numbers RoadCenterlines Septic R10 County Water Mains MajorRoads Other R15 GIS/E-911 Addressing 2-5 NC Parcels R6 0 165 330 660 December 18, 2023 48 Feet 6 - 36 US ETJ Boundary  Issac & Mattie Bailey Sharda Holding of NC LLC 112 Porter Dr PO Box 1349 Erwin, NC 28339 Coats, NC 27521 Rosetta Green Patrick Rice 103 Maynard Lake Rd 110 Porter Dr Erwin, NC 287339 Erwin, NC 28339 LA Real Estate Properties LLC Tyrone & Debra Knight 9405 Purfoy Rd 3670 Oak Chase Dr Fuquay-Varina, NC 27526 Highpoint, NC 27265 Donald & Kay Dean Darlene Gilbert 9101 White Oak Rd PO Box 111 Garner, NC 27529 Erwin, NC 28339 Ricky & Cindy McDougald Ricky & Avis Smith 106 Maynard Lake Rd PO Box 2652 Erwin, NC 28339 Lillington, NC 27546 Keithy McNeil John Stubbs & Debra Hartman 1168 Norton Rd PO Box 387 Raeford, NC 28376 Coats, NC 27521 Crayton Willard Heirs Lenders Warehouse Group LLC 90 Carolyn Ln 1712 Highpoint St Godwin, NC 28344 Wake Forest, NC 27587 Diane & Henry Hart Priscilla Freeman 109 Maynard Lake Rd PO Box 176 Erwin, NC 28339 Erwin, NC 28339 Shirley Solomon Mohamed Falih & Fatima Oulauah 3324 Crawford Rd 604 Country Ln Erwin, NC 28339 Holly Springs, NC 27540 Harnett Co. Board of Edu. Tara Mckoy PO Box 1029 108 E Jackson Lillington, NC 27546 Erwin, NC 28339 49 Coastal Plains Company 1887 Oakton Church Rd Fairmont, NC 28340 50 51  NOTICE OF PUBLIC HEARING The Town of Erwin Board of Commissioners will conduct a Public Hearing on the following items pursuant to NC General Statute 160D-406, on Thursday, February 1, 2024, at 7:00 P.M. in the Er- win Municipal Building Board Room located at 100 West F Street, Erwin, NC 28339. Questions can be addressed to the Town Plan- ner Dylan Eure at 910-591-4201 or by email at deure@erwin-nc.org. • Case SU-2024-001: Special Use Permit Application to construct 2 multi-family apartment buildings with a total of 64 units to be placed at the corner of Maynard Lake Rd and East Jackson Blvd. The prop- erty does not have an address but can be identified by its Harnett County Tax PIN # 0597-77-7438.000. • Text Amendment to Chapter 36 Zoning, Section 36-419 Access- ory building/structures in the Town of Erwin Code of Ordinances. This case is available for review at the Erwin Town Hall. All persons 52 desiring to be heard either for or against the proposed items set forth above are requested to be present at the above-mentioned time and place. 1/16,23/2024 Public Hearing Item 4B Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: February 1, 2024 Subject: Accessory Building Text Amendment Town Staff has prepared a proposed text amendment to our Town Code in regard to accessory structures. In the past few years, the Board of Adjustments has granted three variances to allow for accessory structures that are larger than allowed. We have turned in a number of applications for accessory structures that are larger than currently allowed. Our Town Planner Dylan Eure completed some research on what is allowed in the surrounding municipalities. He also looked to see if the surrounding municipalities allowed accessory structures to be on separate lots that are adjacent to a lot with a home on it and both lots are owned by the same person. He could not find a municipality that allowed accessory structures on lots that were adjacent to lots with homes on them. This practice is mostly found at the County level. The Planning Board recommended approval of this proposed text amendment. 53  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org Ricky W. Blackmon Commissioners Alvester L. McKoy 1/22/2024 Timothy D. Marbell Charles L. Byrd David L. Nelson Accessory Structure William R. Turnage Memorandum Amendment Description and Trade Offs Town Staff has prepared a proposed text amendment to our Article XV General Provisions, specifically under section 36-419 entitled “Accessory buildings/structures”. Said text amendment would increase the size of accessory structures that homes may construct on their property. The current language in our ordinances relating to accessory structure is as follows “Each accessory structure shall not exceed 40 percent of the total area of the principal structure. At no time shall the total area of accessory use exceed 25 percent of the rear yard”. The proposed amended language is as follows "Each accessory structure shall not exceed 40 percent of the total area of the side and/or rear yard”. By amending our code it would allow for accessory structures greater than 40 percent of the principal structure, allowing for accessory structures larger than the principal structure. An example of this is having a garage with more square feet than the home has to store vehicles. Findings Town staff wishes to update Erwin’s Code of Ordinances to allow for larger accessory structures to loosen size restrictions for said structures. To find the best possible solution to solve this issue, I benchmarked against all municipalizes within Harnett County’s jurisdiction along with some in Wake and Mecklenburg Counties which include Fuquay-Varina, Knightdale, Raleigh, and Charlotte but are not limited to. One of the possible solutions explored was to allow for accessory structures on adjacent lots if the property owner is the same. No municipal government that I came across in my research allowed for accessory structures on adjacent properties, even if the owners are the same. This is mainly due to two factors; one being the challenge of selling the property that has a preexisting structure on the premises without a principal structure and the other being the requirement of having a principal building on the property. However, some municipalities, instead of basing the size of the accessory structure off of the principal structure used the size of the parcel to determine the size of accessory structure. After conducting research to evaluate the best option for the homeowners and the Town of Erwin. I am offering this recommendation to the honorable members of the Erwin Town Board 54 for their thoughts and discussion. This said, I am open for any additional comments and am willing to explore other possible options upon request. Regards, Dylan Eure Town Planner 55  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 Ricky W. Blackmon www.erwin-nc.org Commissioners Alvester L. McKoy Timothy D. Marbell ORDINANCE OF THE TOWN OF ERWIN, NORTH CAROLINA Charles L. Byrd AMENDING SECTION 36-419 David L. Nelson ACCESSORY BUILDING/STRUCTURES William R. Turnage ORD 2023-2024: 004 WHEREAS, the current language of Section 36-419 Accessory Building/Structures reads: Sec. 36-419. - Accessory building/structures. (a) Accessory buildings/structures are restricted to rear and side yards. Only one accessory building/structure shall be permitted on lots less than 15,000 square feet. Larger lots are allowed an extra accessory building/structure for each additional 15,000 square feet. There shall be a minimum of ten feet between the primary structure and any accessory building/structure as well as ten feet between each accessory building/structure. (b) Each accessory structure shall not exceed 40 percent of the total area of the principal structure. At no time shall the total area of accessory use exceed 25 percent of the rear yard. (1) Minimum side setback: Ten feet. (2) Minimum rear setback: Ten feet. (3) Minimum setback from principal structure: Ten feet. (4) Maximum building height for accessory structures shall not exceed 20 feet mean roof height with the exception of schools, churches, hospitals, municipal facilities, and other such campuses, provided that at least one acre comprise the total land area of the development. The maximum height for accessory structures in such instances shall not exceed 35 feet mean roof height. (c) The following uses are permitted within accessory buildings in residential areas: (1) Parking. (2) Gazebo. (3) Pool houses. (4) Equipment enclosure. (5) Workshop. (d) Trash containers, mechanical equipment and minor outdoor storage shall be located only within the rear yard. (e) Mailboxes, newspaper boxes, wall, fences, birdhouses, flagpoles and pump covers may be placed in any front, side or rear yard. Doghouses may be placed in rear yards only. (f) All freestanding carports shall be located in the side or rear yard of the lot. Freestanding carports may be placed no closer than five feet to the property line 56  when placed against principal structure. In addition, the freestanding carport cannot extend into front yard unless it is connected/attached to the principal structure. A maximum of two freestanding carports are allowed except when an accessory building is located on the lot. When an accessory building is located on the lot, only one freestanding carport will be allowed. WHEREAS, the Town of Erwin wishes to amend the current language of the same in order to better reflect the desired development within the Town’s Planning Jurisdiction; and WHEREAS, the Town of Erwin wishes to amend the current language of the same to read: Sec. 36-419. - Accessory building/structures. (a) Accessory buildings/structures are restricted to rear and side yards. Only one accessory building/structure shall be permitted on lots less than 15,000 square feet. Larger lots are allowed an extra accessory building/structure for each additional 15,000 square feet. There shall be a minimum of ten feet between the primary structure and any accessory building/structure as well as ten feet between each accessory building/structure. (b) Each accessory structure shall not exceed 40 percent of the total area of the side and/or rear yard. principal structure. At no time shall the total area of accessory use exceed 25 percent of the rear yard. (1) Minimum side setback: Ten feet. (2) Minimum rear setback: Ten feet. (3) Minimum setback from principal structure: Ten feet. (4) Maximum building height for accessory structures shall not exceed 20 feet mean roof height with the exception of schools, churches, hospitals, municipal facilities, and other such campuses, provided that at least one acre comprise the total land area of the development. The maximum height for accessory structures in such instances shall not exceed 35 feet mean roof height. (c) The following uses are permitted within accessory buildings in residential areas: (1) Parking. (2) Gazebo. (3) Pool houses. (4) Equipment enclosure. (5) Workshop. (d) Trash containers, mechanical equipment and minor outdoor storage shall be located only within the rear yard. (e) Mailboxes, newspaper boxes, wall, fences, birdhouses, flagpoles and pump covers may be placed in any front, side or rear yard. Doghouses may be placed in rear yards only. (f) All freestanding carports shall be located in the side or rear yard of the lot. Freestanding carports may be placed no closer than five feet to the property line when placed against principal structure. In addition, the freestanding carport cannot extend into front yard unless it is connected/attached to the principal 57  structure. A maximum of two freestanding carports are allowed except when an accessory building is located on the lot. When an accessory building is located on the lot, only one freestanding carport will be allowed. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Town of Erwin, North Carolina that the current language as herein found with respect to Section 36-419 Accessory Building/Structures of the Town Code is stricken where indicated by strikethrough lines and includes such language as herein indicated by bold print. Adopted this 1st day of February 2024. ATTEST: __________________________ __________________________ Randy Baker Lauren Evans, NCCMC Mayor Town Clerk 58